What to Do About Incapacity or Ill Health of an Employee
What happens when one of those valuable employees develops chronic ill health due to age or circumstances?
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Labour Law
POPIA, Employees And Employment Contracts
Employers will inevitably collect or already have personal information about their employees on file or stored electronically. With the Protection of Personal Information Act, No. 4 of 2013 (“POPIA”) now in force, such employee information must be protected in their workplace just as it should be protected by other bodies who possess their personal information.
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Getting The Boot For Your Loot: Can An Employee Be Dismissed For Taking Part In Violence Or Looting?
An employee’s conduct outside of their workplace and ordinary work hours is not subject to the control or authority of their employer. Ordinarily, facing disciplinary proceedings for one’s after-hours actions would not be considered “substantively fair”. Even arrest or criminal activity by an employee does not give an employer the automatic right of dismissal. The purpose of this Act is, among other things, “to create offences which have a bearing on cybercrime; to criminalise the disclosure of data messages which are harmful …” and creates mechanisms and procedures for determining and prosecuting the criminalised activities enumerated therein.
Labour Inspections And Non-Compliance Detections
The Department of Labour conducts workplace inspections through labour inspectors to ascertain an employer’s compliance with labour legislation, the most important legislation being contained in the following Acts:
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Permanent Or Not, All Employees Are Equal Before The Law
The appeal of fixed-term and fixed-purpose contracts is to fill a temporary gap in the workplace without having to hire a full-time employee. Because of the short-term nature of such contracts, many employers misuse them in the erroneous belief that the temporary employee does not have the same rights as full-time staff.
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Changes To The Employee Retirement Age
The age at which an employee may retire is usually stipulated in their employment contract. Factors relating to the employee’s industry and the employer’s policies regulating retirement also play a role.
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National Minimum Wage Exemption Process
Whilst the National Minimum Wage Act prescribes minimum wages for all workers, the Act also makes provision for an employer or an employers’ organisation, acting on behalf of its members, to apply for an exemption.
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Locked Down At Home But Not Out Of The Workplace – A Case On An Employee’s Refusal To Return To Work During The Lockdown
Employees are obliged to respect and obey their employers because lack of respect renders the employment relationship intolerable and disobedience undermines the employer’s authority.
Cannabis In The Workplace
Since the Constitutional Court judgement in 2018 pronouncing it is legal to consume, possess and grow a certain amount of cannabis “in private”, the Cannabis For Private Purposes Bill, once legislated, will help ‘clear the smoke’ of confusion surrounding this controversial practice.
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Gone Before You’ve Left – Resigning After Being Disciplined, But Before A Sanction Is Given, And An Employee Resigning Without Giving Notice
It often occurs that before disciplinary action being taken against an employee, they will resign with immediate effect in the hopes of circumventing dismissal for misconduct and to avoid a tarnished disciplinary record. What happens if, however, disciplinary action has already taken place and the employee then resigns before the penalty of dismissal is given?
